Excerpt: ...d must call the security guard kiosk if any loading dock/delivery bays are available. On the day of the accident, Bernarda Gluszyk working for JKC Trucking was scheduled to deliver between 2:00‐ 4:00 a.m. on 5/4/20, but arrived on 5/3/20 at 6:20 and parked on the southbound lane of Sharp Street. Plaintiff, who was also driving for JKC arrived and stopped in the northbound lane of Sharp Street. Plaintiff got out of the vehicle and walked across ...

Excerpt: ...ant has met that burden, it shifts to plaintiff to show that a triable issue of material fact exists as to that cause of action or defense thereto. (CCP §437c(p)(2).) The moving party must meet its initial burden regardless of whether the opposing party files counterdeclarations. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850; Consumer Cause, Inc. v. SmileCare (2001) 91 Cal.App.4th 454, 468.) Where a defendant fails to meet its bu...

Excerpt: ...aintiff, and only after plaintiff has met the burden is it shifted back to the moving party. (Ibid.) Request for Judicial Notice Defendant requests judicial notice of the Department of Licensing and Regulatory Affairs, Corporations, Securities & Commercial Licensing Bureau Nonprofit Corporation Annual Report for NAPA, filed July 20, 2017. (Exhibits A.) The request is denied as defendant fails to identify the state in which the document was filed,...

Excerpt: ...9/21 order requiring Defendant to provide further responses to the discovery above. Plaintiff claims the responses are evasive and an open invitation for sanctions. He contends that Papp is playing a game where Defendant does not to answer discovery requests directed to Empire within Justin's knowledge. Plaintiff asserts terminating sanctions are required given the long history of discovery abuses. Defendant opposes the Motion claiming the Motion...

Excerpt: ...mpel a further response to a request for production must be accompanied by a meet and confer declaration. (CCP §2031.310(b).) The declaration must state facts showing a “reasonable and good faith attempt” to resolve informally the issues presented by the motion before filing the motion. (CCP § 2016.040.) Here, BRP served further responses to Plaintiffs' RPD on 9/3/21, which were verified on 9/8/21. (Dec.Pascal ¶ 5, Exs. “2”, “3”.) ...

Excerpt: ... A Mash & Barrel, LLC v. Superior Court of Fresno County (2022) 74 Cal.App.5th 1, 23.) “The purpose underlying section 405.38 is to curtail misuse of the lis pendens procedure.” (Id.) The award may only be issued against the losing party—not counsel. (Doyle v. Superior Court (1991) 226 Cal.App.3d 1355, 1359.) Here, Defendants were the prevailing party as they realized their litigation objectives in removing the lis pendens. Plaintiffs conte...

Excerpt: ... respond or to submit to an authorized method of discovery, disobeying a court order to provide discovery, etc. The court has the authority to impose a broad range of sanctions for misuse of the discovery process. “Terminating sanctions have been held to be an abuse of discretion unless the party's violation of the procedural rule was willful [Citations] or, if not willful, at least preceded by a history of abuse of pretrial procedures, or a sh...

Excerpt: ...n has been waived by the petitioner;(b) Grounds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. A proceeding to compel arbitration is in essence a suit in equity to compel s...

Excerpt: ...in the demurrer or motion to strike. (emphasis added). Page 9 of 10 The demurrer is accompanied by the declaration of attorney Christopher Lockwood who states counsel exchanged several emails, but it does not state that counsel discussed this issue either in person or via telephone. The court would be justified in continuing the motion to allow the parties time to properly meet and confer but, given the history of this case, it seems unlikely any...

Excerpt: ... that Dr. Budoff's declaration was prepared in August of 2021, why did plaintiff wait until January to request leave; and (2) it seems plaintiff's counsel knew or should have known about the allegations regarding conduct occurring prior to March 2, 2019, long before Dr. Budoff's declaration. Attorney Husen's declaration addresses these two points. Husen states that between the time when Dr. Budoff's declaration was prepared in August 2021 and Dec...

Excerpt: ...iffs had obtained counsel, Benjamin Graff, a few days before the ruling. He filed a first amended complaint (FAC) on 5/12/21, after some Covid‐related delays involving personal and family medical problems. The FAC pled causes of action for fraud, breach of contract, breach of the covenant of good faith and fair dealing, and accounting. The complaint pled the same claims, plus wrongful foreclosure1 . On 8/10/21, the court continued an unopposed ...

Excerpt: ...ts that all six of Stratospheric's and Grossman's affirmative defenses fail to allege sufficient facts to constitute a defense. Plaintiff asserts that the factual allegations as to fraud in enacting the CC&Rs could not have been relied on by Stratospheric because it was not an owner at the time. Plaintiff also asserts that the FAA cannot properly incorporate all affirmative defenses asserted by other defendants to this action. First, Defendants c...

Excerpt: ...comb, as his successor in interest. The first amended complaint (FAC) alleges that the decedent was admitted to Life Care's facility in Menifee from 6/14/19 to 9/9/19, for recovery after a hospital admission for a urinary tract infection. At the time of admission, the decedent had no skin breakdown or pressure ulcers, but had a decline in mobility, including weakness and numbness in his hands and feet. Plaintiff alleges decedent lost 15 pounds du...

Excerpt: ... in Robledo grabbing Plaintiff's head, slamming it down on the cash register and punching her in the back of the head. Defendants placed her and Robelledo on leave pending an investigation. Plaintiff returned to work, but suffered physical injuries and emotional distress, for which she was prescribed medical leave. Plaintiff hired a worker's compensation attorney, who served a subpoena on VF for the security footage. Thereafter, Defendant Shanaye...

Excerpt: ...ble to cosmetic manufacturing and there were no environmental impediments. The property was formerly operated as a landfill and Plaintiffs learned that it was contaminated by the City of Corona's use. When GTOK's assignor, SeneGence, submitted an application for tenant improvements, City placed a hold on the building permit due to environmental concerns. As a result, other environmental agencies became involved and could not agree on the necessar...

Excerpt: ...t, but Defendant and its representatives were unable to service or repair the vehicle within a reasonable number of attempts. (Complaint, ¶¶12‐15.) The nonconformities Plaintiff complains of relate to defective body system, defective transmission system, defective mechanical system, and defective emission system. (Complaint, ¶12.) On January 21, 2021, Plaintiff filed the instant action against GM, seeking restitution, damages, attorney's fee...

Excerpt: ...ff was treated by Defendants Dr. Marilee Carballo, Dr. Christopher Foltz and Dr. Oscar Paz‐Atschul (“Attending Physicans”). He was diagnosed with diverticulitis and discharged without admission on each occasion. None of the physicians requested an MRI. In January 2019, Plaintiff presented to Eisenhower Medical Center (“Eisenhower”) where the treating physician doubted the diverticulitis diagnoses and indicated the symptoms were likely c...

Excerpt: ...n attachment of 50 pages, which is styled, “Notice of Motion and Motion for Quiet Title and Injunctive Relief.” The following facts are gleaned from the various exhibits included with the motion, the opposition and the docket in the underlying action. On February 24, 2020 Sherman filed an unlawful detainer (the “UD Action”) against defendants Rosa Morado (“Morado”) and Nubia Bravo (“Bravo”). The proof of service indicated that Mor...

Excerpt: ...ntly own the properties, and Plaintiff would devlop the cannabis businesses. Edwards found property at 14250 Little Morongo Road, and Defendant Russell Singer as a hard money lender. Singer purchased the property while Plaintiff paid the carrying costs and development costs; Singer transferred title to DHS Manna, LLC. Plaintiff continued to develop the business, however, Defendants required that Plaintiff and his entity, Plaintiff Rx DHS Herbery,...

Excerpt: ...uld assist him in building his business; Bogeajis was an experienced executive in finance and operations and had formed a LLC with Lou called Constellation Enterprises (Constellation). Davis alleges that in September and October of 2019, Bogeajis, Lou, and Constellation verbally promised to fund Davis' business with $1.5 million. Davis entered into a business relationship with them making them 50% partners (later adding Defendant, Joel Carrillo) ...

Excerpt: ...laintiff's First Amended Complaint. Factual / Procedural Context: Plaintiff, Jonica Stingl, alleges that on 10/24/18, she went in for surgery at Defendant, Aurora Surgery Center. The surgeon was Defendant, Mark Berman, M.D. and the anesthesiologist was Defendant, Craig Rosenblum, M.D. Plaintiff alleges that just prior to surgery, she was administered medication that she had notified Defendants she was allergic to on multiple occasions. She allege...

Excerpt: ... Hemet Chrysler Dodge Jeep Ram for the purchase of a new 2017 Jeep Cherokee. The purchase was documented in a written Retail Installment Sale Contract (RISC) containing the terms and conditions of the purchase and an arbitration provision. (See RISC, attached as Ex. A to Declaration of Michael A. Tudzin.) The Vehicle came backed by warranties. (FAC ¶ 15.) During the warranty period, the Vehicle developed defects, including, among others, electri...

Excerpt: ...nts demur to the fifth, sixth, and seventh causes of action, respectively for (1) slander of title; (2) fraud/deceit; and (3) negligence. This is a pre‐ foreclosure action by a homeowner to challenge the validity of the foreclosing second deed of trust on the property. Plaintiff alleges that the second deed of trust was executed without her knowledge and consent and should never have been recorded against her property. On December 06, 2021, aft...

Excerpt: ...t them for equitable comparative contribution, or partial or comparative indemnity. This case is a multi‐party lawsuit which was initiated by Plaintiffs Shawna Cardin and Stephen Cardin (“Plaintiffs”) to recover damages for personal injuries sustained by Shawna Cardin and loss of consortium as to her spouse Stephen Cardin. On April 12, 2021, Plaintiffs filed their Complaint naming Defendant Tyler Mall Limited Partnership DBA Galleria at Tyl...

Excerpt: ...e constitution in connection with an issue of public interest. (CCP §425.16(e); Equilon Enterprises v. Consumer Cause (2002) 29 Cal.4th 53, 67.) The act which forms the basis for the plaintiff's cause of action must itself have been an act in furtherance of the right of petition or free speech. (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 76‐78.) A defendant may meet this burden by showing that the act which forms the basis for the plainti...

Excerpt: ...hat the allegations in the Complaint are sufficient to support a request for punitive damages. The court may, upon a motion made pursuant to CCP § 435: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading; (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436.) Motions to strike can be used to attack the entire ...

Excerpt: ...th Lisa Cruz's Chevy Silverado. Plaintiff was Cruz's insurer. On June 7, 2021, Plaintiff served Request for Admissions Set One on Defendant through counsel. Counsel agreed to various extensions and Defendant's responses were due December 10, 2021. Defendant served unverified responses on December 8, 2021. As of the filing of the instant motion, Plaintiff had not received any verifications. Plaintiff now brings the instant motion to deem the truth...

Excerpt: ...tion made available to Seelig, within 20 days. However, as noted below, the Court finds that the fact that some information was shared with Seelig does not waive privilege as to all Notes from all meetings. Any information that was not disclosed to Seelig is protected and need not be disclosed. The Court denies the request for sanctions. Factual / Procedural Context: Underlying Facts Plaintiff Corona Community Villas (“Plaintiff” or “CCV”...

Excerpt: ...tains the demurrer as to the first cause of action, negligence, with 20 days leave to amend. The Court sustains the demurrer without leave to amend as to the Negligent Hiring and Supervision cause of action. Factual / Procedural Context: This is a personal injury action brought by plaintiff Wilson Randall (“plaintiff” or “Randall”) against defendant State of California, by and through the California Highway Patrol (“defendant” or “S...

Excerpt: ...rt finds reasonable. Factual and Procedural background: Plaintiff Gladys Guzman alleges she is a 58‐ year old Asian woman who was employed as a District Manager by defendant Zale Delaware Inc. (“Zales”) for over 20 years when she was terminated from her employment on 7/21/20. Plaintiff alleges that starting in 2017, defendants began promoting a new target demographic for its stores and sought to layoff older employees. Plaintiff alleges she...

Excerpt: ...ion with their Motion for Relief from Waiver, they are ordered to provide responses at this time. If Plaintiff challenges any of the responses, he may file a new motion to compel after a good faith effort to meet and confer. As to the Corporate Defendants, the RFPs seek privacy‐protected documents and are not narrowly tailored. The Corporate Defendants are ordered to provide further responses to the RFPs, but limited to loan documents, loan agr...

Excerpt: ...iff, whose left hand had been amputated in 2015, alleges that Defendant discriminated against him based upon his disability and retaliated against him when he sought reasonable accommodation. (Complaint, ¶¶ 12‐21.) The Complaint sets forth eight causes of action: (1) disability discrimination; (2) failure to engage in interactive process; (3) failure to accommodate; (4) retaliation; (5) failure to prevent discrimination and retaliation; (6) n...

Excerpt: ... Lender Mechanics Bank and Hudson Insurance Company alleging causes of action for: 1) Violations of Song‐ Beverly Consumer Warranty Act, Civil Code Section 1790, et seq.; 2.) Violations of Consumer Legal Remedies Act at Civil Code Section 1770, et seq.; 3.) Deceit; 4.) Negligent Misrepresentation; 5.) Violation of Unfair Competition Law, B& P Code Sections 17200, et seq.; and 6.) Bond Liability. Plaintiffs filed Doe amendments including naming ...

Excerpt: ...anty); and violation of SongBeverly (implied warranty of merchantability). They allege that their 2020 Chevy Traverse was defective due to an inoperable backup camera and infotainment system. Plaintiff moves to compel further responses to Request for Production on the grounds that Defendant failed to provide code‐compliant responses, failed to provide a privilege log, provided improper objections, and failed to produce documents it agreed to pr...

Excerpt: ...rcial lease (“Lease”) for the Subject Property. the leased premises are a skilled nursing care facility and a residential care facility. On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute (“CPA”) and Corona RCFE, LLC (RCFE) (“Assignment”). Also on this date, Versacare and CPA entered into the Third Amendment to the Amended and Restate Facility Lease Agreement. The Assignment provided that in the event CPA and ...

Excerpt: ...d the decedent's death for prescribing double the dose of the medication decedent was taking. Defendants now move for summary judgment, alternatively summary adjudication. The operative First Amended Complaint (“FAC”) alleges that, in August 2019, the decedent sought virtual care through the services of Defendant Teladoc Health, Inc., which put decedent in touch with Dr. Narasimhan, a psychiatrist, for a video consultation. (FAC, ¶16.) At th...

Excerpt: .../20 alleging causes of action for public nuisance, unpaid administrative fines and declaratory relief. Defendant Alex filed this Motion seeking leave to file a cross‐complaint. He contends that he originally tried to file his cross‐complaint with his answer on 2/5/21 which was accepted but not acknowledged by the Court as it was contained in the answer and titled a counter‐complaint. He contends that after a discussion with the Court on 8/1...

Excerpt: ...t, but counsel instructed the PMK to not answer questions. She argues evidence of billed but unpaid medical bills is relevant to prove or disprove the reasonable value of past medical bills, only if the bills are actually incurred. She contends that there is no information to demonstrate whether a trade secret value is outweighed. Mission argues that the subpoena is overbroad, burdensome and harassing. It argues that this involves financial priva...

Excerpt: ...he prayer, as well as strike the words “reckless, oppressive, and malicious” in the complaint. The court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading.” (Code Civ. Proc., § 436.) As to the punitive damages claim To support a demand for punitive damages under Civ. Code §3294, a plaintiff must plead and prove facts demonstrating malice, oppression or fraud as defined in Civ. Code §3294(c). The mere ...

Excerpt: ...endants' demurrer, Plaintiff filed the First Amended Complaint (FAC) on 7/13/21. The FAC asserts: (1) negligence (against all); (2) negligent supervision (against all); (3) negligent hiring/retention (against all); (4) negligent failure to warn train or educate (against all); (5) constructive fraud (Civil Code §1573) (against all); (6) breach of fiduciary duty (against all); (7) intentional infliction of emotional distress (against all); (8) sex...

Excerpt: ...rand Cherokee (the “Vehicle 1”). (Complaint, ¶ 15.) As part of the transaction, Plaintiff traded in a 2017 Fiat 500 for a $5,000 trade‐in allowance, and the amount owed on the Fiat, $13,354.91, was rolled into the cost of the Vehicle. (Id., ¶ 15.) However, soon after the transaction, Moss Bros cancelled the lease but failed to return Plaintiff's trade‐in vehicle, claiming that it no longer had possession of the Fiat. (Id., ¶ 16.) On No...

Excerpt: ...AC”) on November 12, 2021 against defendants Jim Carter (“Carter”) and Geraldine Escalante (“Escalante”) (together, “Defendants”). Plaintiffs allege that on April 27, 2021, their small 11‐year old dog, Roscoe, wandered onto property located in Canyon Lake owned by Escalante and at which Carter resides. (FAC, ¶¶ 17‐19, 21.) Although Carter knew that Roscoe was well‐groomed, friendly and wearing a collar, Carter – without pr...

Excerpt: ... Landmark failed to fulfill its contractual obligations to construct the projects in a quality, timely and cost‐efficient manner in accordance with the requirements of the contracts. The parties agreed to modifications of the completion date and cost, but Plaintiff alleges Watkins Landmark still did not complete any of the projects on time. (Comp. ¶25.) On February 10, 2020, PEC filed a Complaint in San Diego Superior Court against JL Hotels, ...

Excerpt: ... [“Alexander Decl.”], Ex. A, Lease Agreement, secs. 1.4, 1.9.) Plaintiff has been operating its health club and fitness facility at the leased premises since May of 2010. (Alexander Decl., ¶4.) On March 04, 2020, Governor Newsom declared a State of Emergency as a result of the Covid19 Pandemic. (Request for Judicial Notice in support of Motion [“Plaintiff's RJN”], Ex. 5.) Subsequently, on March 19, 2020, the governor issued the “stay�...

Excerpt: .... Arbor reconveyed the lien without recording the deed of trust. Plaintiff filed this action on 3/5/21, and after Defendant demurred filed the First Amended Complaint (FAC) as a matter of right on 10/4/21. The FAC asserts: (1) breach of contract (against all); (2) breach of the implied covenant of good faith and fair dealing (against all); (3) negligence (against Arbor); (4) impression of an equitable lien (against Acosta and Prosperity); (5) pro...

Excerpt: ...rocal Easements (“CC&Rs”) to govern the development, subdivision, improvement, sale, lease, and conveyance of interests in the property. The CC&Rs provide for non‐exclusive perpetual easements appurtenant to each tract and parcel within the property for “ingress, egress, driveway use, parking, loading and unloading of commercial and other vehicles, and otherwise for the enjoyment, comfort and convenience of customers, invitees, licensees,...

Excerpt: ...ployer(s) discriminated and harassed her on the basis of sex or gender, race, national origin, age, disability and pregnancy. It appears that at least some acts of discrimination or harassment were allegedly committed by Defendants' employee, Defendant Amoreena Leyva (“Leyva”). Magnolia Grand was sold to Defendant Cascade Living Group (“Cascade”) while Plaintiff was on pregnancy disability leave, at which point Plaintiff was terminated. O...

Excerpt: ...provements Project for Limonite at I‐15. Defendant So. Cal Traffic, Inc. was a subcontractor on the project, contracted with to provide traffic control for work on the Project. As part of the subcontract, So Cal Traffic agreed to indemnify Atkinson for claims arising out of So. Cal Traffic's performance under the subcontract. Atkinson has filed a cross‐complaint against So. Cal Traffic and other cross‐defendants, alleging causes of action f...

Excerpt: ...t GM is withholding responsive documents. DENY the motion as to RPD Nos. 10 and 42. Factual / Procedural Context: Plaintiff, Roberto C. Ramirez Avila, alleges that on 8/31/17, he purchased a 2017 GMC Terrain manufactured by Defendant, General Motors, LLC (GM). He alleges that during the warranty period, the vehicle contained or developed defects to the body system, transmission system, mechanical system, and emission system. He alleges that GM an...

Excerpt: ...ims which are insufficiently alleged in the second amended complaint. Plaintiffs shall file their amended pleading within 20 days. Factual / Procedural Context: Plaintiffs Carl Pongs (“Pongs”) and Richard Moslenko (“Moslenko”) (collectively, “plaintiffs”) allege they are minority shareholders of the Gage Canal Company (“Gage”), a mutual water service company, and that the majority shareholder, defendant City of Riverside (City), i...